GDPR

At Deputy, maintaining the security of our products and the security of your data are our primary concerns. We understand the great responsibility that comes with looking after your data and we use best-practice security systems to ensure it is safely stored and securely managed.

Given this, Deputy has taken measures to comply with the soon to be introduced European Union General Data Protection Regulations (GDPR) in relation to personal data. These measures include updating our Subscription Agreement, Privacy Policy and internal processes.

We’ve also created the following FAQ’s to help our customers stay informed about the GDPR and the changes Deputy has made.

FAQs

What is the GDPR?The GDPR is a comprehensive data protection law that replaces existing European privacy laws and strengthens the protection of personal data in an increasingly data driven world. The GDPR is enforceable in each EU member state and gives the providers of personal data greater control over that data.

Why does it matter now?

The GDPR comes into effect on 25 May 2018. We’re updating our processes, systems and policies now to make sure we’re fully prepared.

What is personal data?

Any information related to a natural person (individual) that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.

Who does it affect?

The GDPR applies to any organisation that processes personal data of EU individuals, regardless of whether the organisation has a physical presence in the EU. For Deputy customers, that’s any organisation with one or more employees in the EU.

What are the main rights of Data Subjects?

Anonymisation/pseudonymisation: Personal data should be anonymized when possible. To ensure an anonymisation/pseudonymisation, all information that can identify an individual should be encrypted or removed when possible.

Right to be forgotten: Entitles individuals to have the data controller delete their personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for deletion include the data no longer being relevant to original purposes for processing, or an individual withdrawing consent.

Right of access: Entitles individuals to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Furthermore, the controller shall provide a copy of the personal data, free of charge, in an electronic format.

Data portability: Individuals have the right to obtain and reuse their personal data for their own purposes across different services. On request, data controllers must give individuals their data in an easy to read format or pass it directly to the new provider.

Data breach notifications: Data breaches that may pose a risk to individuals must be notified to the relevant Data Protection Agency (DPA) within 72 hours and to affected individuals without undue delay.

Privacy by design: Under GDPR, it is a legal requirement to design products and services with data protection measures in mind. Privacy settings must also be set at a high level by default, and personal data is not processed unless necessary for specific purposes.

What is the difference between a data processor and a data controller? How do I know what my business is?

A “Data Controller” is an organisation that collects personal data from EU residents. A “Data Processor” is an organisation that processes EU resident personal data on behalf of a data controller.

In the case of Deputy, our customers are “data controllers” as they collect information from their employees (name, contact details, email, tasks, journals). Because we hold and process this data in the Deputy Application under instruction, we (Deputy) are the “data processor”.

Where is my personal data stored?

All personal data collected from EU residents is stored in the United States of America.

As an employee, how do I request that Deputy delete my data?

Because your data is held by both Deputy (your Deputy account) and your current or previous employer (your company employee account), the process to delete your data in Deputy requires two steps.

Following these steps will delete your Deputy personal account, however, it won’t delete the information your current or previous employer holds about you in their Deputy account (personal information, timesheets, shifts, tasks, journals, employment terms).

2.Delete your employee account

To delete the information your current or previous employer holds about you, you need to send a request directly to this employer asking them to delete your employee account. They can then delete your employee account in Deputy.

If you have worked for multiple employers, you will need to contact each employer individually.

As an employer, how do I delete an employee account?

Prior to 25 May 2018, Deputy will introduce the ability to delete an employee’s personal information contained within a Deputy business account. To delete an employee account and its associated personal information the employee account must first be discarded. For specific instructions on how to delete an employee account please see our Help Docs.

Organisations can be fined up to 4% of annual global turnover for breaching GDPR or €20 Million (whichever is greater). This is the maximum fine that can be imposed for the most serious infringements e.g.not having sufficient customer consent to process data or violating the core of Privacy by Design concepts.

Given uncertainty around Brexit, what does this mean for companies operating in the UK?

If you process and hold the personal data of citizens in the EU then you need to comply with the regulations regardless of what country you operate in. The UK is currently within the EU and accordingly the GDPR applies. If your activities are limited to the UK, then your exact requirements post-Brexit are not yet clear.

The UK Government has indicated it will implement an equivalent or alternative regulations. Our expectation is that any such legislation will largely follow the GDPR, given the support previously provided to the GDPR by the ICO and UK Government as an effective privacy standard, together with the fact that the GDPR provides a clear baseline against which UK business can seek continued access to the EU digital market.

Further questions and information sources

If you have more detailed questions about how Deputy is GDPR compliant or what it means for your business, please contact legal@deputy.com